Section 18 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)Every application for registration under section 14 shall--
- (a)be with respect to a variety;
- (b)state the denomination assigned to such variety by the applicant;
- (c)be accompanied by an affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology;
- (d)be in such form as may be specified by regulations;
- (e)contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken and all such information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety;
- (f)be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration;
- (g)be accompanied by such fees as may be prescribed;
- (h)contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired; and
- (i)be accompanied by such other particulars as may be prescribed: Provided that in case where the application is for the registration of farmers' variety, nothing contained in clauses (b) to (i) shall apply in respect of the application and the application shall be in such form as may be prescribed.
- (2)Every application referred to in sub-section (1) shall be filed in the office of the Registrar.
- (3)Where such application is made by virtue of a succession or an assignment of the right to apply for registration, there shall be furnished at the time of making the application, or within such period after making the application as may be prescribed, a proof of the right to make the application.
Summary
- This section details the extensive technical and legal documents that must accompany a variety registration application.
- It requires the applicant to submit an affidavit declaring that the variety does not contain terminator technology, which is a genetic modification that makes harvested seeds sterile.
- It mandates providing passport data, which is the genetic history and pedigree, showing the parent lines and their Indian geographical source.
- It requires disclosing any contribution made by local farmers, village communities, or institutions in developing the variety.
- It exempts applications for a farmers' variety from most of these strict technical requirements, allowing a much simpler prescribed form.
- It obligates successors or assignees to provide official proof of their legal right to apply either at filing or within a set period.
Practical examples
FAQ
1. What is the rule on terminator technology under Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001, every regular application must be accompanied by an affidavit sworn by the applicant stating that the variety does not contain any gene or gene sequence involving terminator technology.
2. Do traditional farmers have to submit complex passport data when registering a variety under Section 18 of the plant variety protection law?
No, under Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001, if the application is for a farmers' variety, the requirements for passport data, affidavits, and other technical details do not apply, and the application uses a simplified prescribed form.
3. Where must an application for variety registration be filed under Section 18 of this Act?
Under Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001, every application for registration must be filed in the office of the Registrar.
Test yourself
Q1.Under Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what must an applicant swear in an affidavit accompanying their application?
Q2.Under Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is NOT required for a standard application?
Q3.Under Section 18 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what special exemption is given to applications for registering a "farmers' variety"?
Q4.Under Section 18 and Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001, if a successor of a breeder files an application, when must they submit proof of their right to apply?